Class Counsel Blog

Showing 6 posts in Duties to Customers.

Data Privacy Rx Conference Materials Available Here

Thank you to all who joined us for our Data Privacy Rx Conference on May 26, 2015.  Clearly data privacy and cyber security are among the top issues organizations face today. Read More ›

Class Action Waivers Require Real Assent – Part II

Can someone be required to arbitrate—and waive any right to proceed as a class action in arbitration—by receiving a written agreement containing such provisions after the fact of a consumer transaction?   No, according to the Ninth Circuit in Knutson v. Sirius XM Radio Inc., 771 F.3d 559 (9th Cir. 2014). Read More ›

Consumer Protection Class Actions Based on Verbal Conduct Are Unlikely to Be Certified

A recent case highlights the difficulty of certifying many types of consumer protection class actions in the wake of the Supreme Court’s opinion in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011).  In Friedman v. Dollar Thrifty Automotive Group, Inc., No. 12-cv-02432, 2015 WL 361232 (D. Col. Jan. 27, 2015), the court denied certification of a class of consumers who rented cars, largely on the basis of a lack of commonality. Read More ›

Oui, Mais – “but of course” the 11th Circuit Holds Wife’s Providing Cell Phone Number Was “Prior Express Consent” for Debt Collection Calls

In Mais v. Gulf Coast Collection, 2014 WL 4802457, the Court held that providing a cell number on a hospital admission form was “prior express consent” consistent with previous FCC rulings.  To date, this is the most significant decision involving the binding application of the FCC’s interpretation on rulings that merely providing a cell number is “prior express consent” to be called in certain situations. Read More ›

Web-Based Class Action Waiver Requires Real Assent

Can someone be required to arbitrate—and waive any right to proceed as a class action in arbitration—merely by using a web site?  No, according to the Ninth Circuit in Nguyen v. Barnes & Noble Inc., 763 F.3d 1171 (Aug. 18, 2014). Read More ›

Growing Wave of Class Actions Alleging Deceptive Pricing in Outlet Stores Threatens to Engulf Clothing Retailers Nationwide.

In just one month, there has been an explosion in class action lawsuits against prominent clothing retailers, alleging illegal pricing tactics in their California outlet stores.  Actions have already been filed against four companies: Michael Kors,[1] The Gap,[2] Neiman Marcus,[3] and Saks Fifth Avenue.[4]  But this is likely only the beginning.[5]  And even though this litigation has so far been limited to claims under California law, retailers nationwide would be wise to take any steps available to limit their exposure under similar laws in other states. Read More ›

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Attorney Spotlight

Stephen E. Embry is a member of the Firm's class action, privacy and mass tort groups. He frequently defends participants in consumer class actions and mass tort litigation. Stephen is a national litigator and advisor who is experienced in developing solutions to complex litigation and corporate problems.